UI2024000084 & UI2024000085

             These are linked appeals against decisions of First-tier Tribunal Judge Nightingale signed on 1 December 2023 allowing on human rights grounds appeals against decisions dated 16 and 17 January 2023 to refuse entry clearance.

             Although before me the appellant is the Entry Clearance Officer and the respondents are Ms Saidi and Ms Sayedi, for the sake of consistency with the proceedings before the First-tier Tribunal I shall hereafter refer to the Entry Clearance Officer as the Respondent and Ms Saidi and Ms Sayedi as the Appellants.

             The Appellants are citizen of Afghanistan. Their respective dates of birth of given as 22 April 1975 and 10 May 1987. They are said to be mother and daughter.

             The Appellants' applications for entry clearance were made to join their 'Sponsor', Mr Sayed Fayaz Sayeedi (d.o.b. 20 November 2002), who has been granted limited leave to remain as a refugee in the UK. He is said to be the son of the First Appellant and the brother of the Second Appellant.

             The Appellants sought to make their applications under the so-called 'family reunion route', as family members of a recognised refugee. This was misconceived: as pointed out in the Respondent's decision letters " since 09/07/2012, applications by family members other than children or partners to join a sponsor holding refugee status in the UK have been considered under the Adult Dependent relative requirements of Appendix FM of the Immigration Rules ".